Tuesday, September 12, 2006

Townhall.com: Who’s the Criminal?

In February 2005, the agents tried to stop a van driven by drug smuggler Osvaldo Aldrete-Davila near the Mexico border. After a scuffle with Compean, Aldrete-Davila fled on foot. Ramos says he believes that he saw a gun -- which the smuggler denies. Both agents fired at Aldrete-Davila, who fell, then continued his escape across the border. After he got away, Ramos and Compean filed a report on the 743 pounds of marijuana they found in the van, but not on the gunfire. As it turns out, Ramos had shot Aldrete-Davila in the butt. A Homeland Security agent heard about the episode, went to Mexico and offered Aldrete-Davila immunity, if he testified against Ramos and Compean.

U.S. Attorney Johnny Sutton, a Bush appointee, prosecuted the agents. In March, a jury found them guilty of assault with a dangerous weapon, discharge of a firearm during a violent crime, obstructing justice, lying about the incident and willfully violating Aldrete-Davila's Fourth Amendment right to be free from illegal seizure.

Because there was gunfire, the mandatory-minimum prison sentence the agents will serve is 10 years. The U.S. Probation Office in El Paso, Texas, has recommended 20 years -- 20 years away from their wives and their children, and among the type of people they've put behind bars.

As for Aldrete-Davila, he faces no charges for the 743 pounds of pot. That leaves him free to carry out his plan to sue the Border Patrol -- that is, U.S. taxpayers -- for $5 million because his civil rights were violated. What a country.